2004669 (Refugee)

This matter concerned an application for review of a decision by the Minister's delegate to refuse the applicant a protection visa. The applicant, who was unrepresented, claimed to have been subjected to domestic violence, including physical and emotional abuse by her partner, and asserted that the Malaysian government was unable or unwilling to provide assistance. She also indicated a willingness to relocate to other countries. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the criteria for a protection visa, specifically whether she qualified as a refugee or was eligible for complementary protection.

The Tribunal considered the criteria for a protection visa as set out in section 36 of the Migration Act 1958 (Cth) and Schedule 2 of the Migration Regulations 1994 (Cth). This involved assessing whether the applicant had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, or whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal to Malaysia, she would suffer significant harm. The Tribunal also noted that it was not required to establish the applicant's case for her, but rather it was incumbent upon the applicant to specify the particulars of her claim and provide sufficient evidence to establish it.

The Tribunal found that the applicant had provided insufficient detail regarding the nature of the harm she feared, whether that harm amounted to significant harm, and whether there was a real chance or risk of experiencing such harm if returned to Malaysia. Consequently, the applicant had not satisfied the statutory elements required for the grant of a protection visa. The Tribunal affirmed the decision not to grant the applicant a protection visa.